Farmers Branch, TX asked in Probate for Ohio

Q: Do I need a lawyer if im the closest living relative and my dads house is morgaged out and the car is a lease.

No will just tools and household goods. No life insurance. Im selling his things to pay for funeral and burial.

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2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Probate Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: You need to go through probate. As it stands you do not have the legal authority to sell your father's tools and household goods. Doing so now can expose you to criminal and/or civil penalties. It's not necessarily about needing a lawyer, although you probably do, it's about doing things correctly and legally to avoid months or years of Court hearings in the future.

Mary Ellen Leslie agrees with this answer

Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Going through probate just for tools and household goods is rarely done in practice. If he has creditors, then talk to an attorney because they could be upset at you for selling the items and not giving them the money. If not, then I can't think of anybody else who could file a good claim against you (i.e. sue you).

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